The tariff classification, Country of Origin, Marking, and Application of Trade Program or Agreement of I.V. infusion and extension sets from India.

N049136 February 9, 2009 CLA-2-90:OT:RR:E:NC:N1:105 CATEGORY: Classification TARIFF NO.: 9018.90.8000 Mr. Edward Mills EPOCH Technical Services, Inc. 5511 Parkcrest, Suite 103 Austin, TX 78731 RE: The tariff classification, Country of Origin, Marking, and Application of Trade Program or Agreement of I.V. infusion and extension sets from India. Dear Mr. Mills: In your letter dated January 14, 2009, you requested a tariff classification ruling. No sample was provided. You state: “Ruling is requested on two related products. One is an I.V. (intravenous) infusion set, in two configurations approved by the F.D.A. The other is an extension set, also in two configurations and only used with the I.V. infusion set. The sets are made of plastics. Use is to connect a bag of I.V. fluid to a catheter to allow injection of I.V. fluid into a human vein. Users include hospitals and I.V. clinics.” You also state: “Each set consists of: spike, drip chamber with ID of entry tubing 17.2 millimeters delivering 20 drops per milliliter, roller clamp (roller controller), two slide clamps (3 Y set only), male luer lock connector and injection site(s). 40 inch and 19 inch extension sets are also offered.” We find your infusion sets to be similar for classification purposes to those the I.V. Administration Sets in New York Ruling Letters 886419 – 119, 6-15-93, and A83725 – 119, 6-11-96. From the information in the next paragraph, we take it that your imports will be imported sterile. Regarding the country of origin, you indicate that the extrusion, sterilization, and assembly are done in-house, referring to Servo-Med Industries of Mumbai, India. On that basis, the country of origin of your imports will be India. You have not provided a sample of the marked items so we can only note that the country of origin marking must be legible, indelible and permanent, noting Customs Regulation 134.41. There is no applicable Trade Program or Agreement. The applicable subheading for the infusion/extension sets will be 9018.90.8000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “other” instruments and apparatus used in medical, surgical, dental, or veterinary sciences, and parts and accessories thereof. The rate of duty will be Free. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist J. Sheridan at 646-733-3012. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division